Publications
Commentary on Strathclyde Police Taser pilot
The Scottish Human Rights Commission notes that on 25 February the Scottish Parliament is debating the decision of the Chief Constable of Strathclyde Police to issue Tasers to 30 frontline officers in a pilot scheme. You can read more about the debate at S3M-5808 on the Scottish Parliament website. You can read more about the pilot scheme on the Strathclyde Police website. The Commission notes the following points in relation to the use of Taser:
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Taser should be treated as a potentially lethal device, rather than lethal or non-lethal.
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The use of Taser engages in particular the right to life set out in Article 2 of the European Convention on Human Rights, as enshrined in the Human Rights Act 1998 and the Scotland Act 1998.
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The use of Taser requires a proper test under Article 2, which in brief requires use only when absolutely necessary to prevent or reduce the likelihood of recourse to lethal weapons or force. The level of violence which would justify the use of Taser is a level that poses a threat to life or serious injury, but that threat has not quite reached the threshold where the use of lethal force could be justified.
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The full effect of Taser on particular groups and vulnerable persons has not been well explored, including children, pregnant woman, the elderly and people with mental disabilities.
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The use of Taser should only be implemented once there are clear and precise guidelines on their use and a comprehensive training programme to ensure that its use complies with the requirements of the European Convention on Human Rights and the Human Rights Act 1998.
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The provision of Taser to officers who are not firearms specialists is a significant expansion of its use and it is for the individual public authorities to ensure this complies with the Human Rights Act 1998.
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In compliance with international human rights obligations, the Scottish Government should assure itself that appropriate training, instruction, monitoring and regulation are in place to ensure that any use of potentially lethal force, such as Taser, is compatible with human rights obligations.